How JustAnswer Works:

Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.

Get a Professional Answer

Via email, text message, or notification as you wait on our site.Ask follow up questions if you need to.

100% Satisfaction Guarantee

Rate the answer you receive.

Ask Dave Kennett Your Own Question

Dave Kennett, Lawyer (JD)

Category: Legal

Satisfied Customers: 27687

Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations

3396227

Type Your Legal Question Here...

Dave Kennett is online now

I live in an apartment complex in which I resigned a lease ...

Customer Question

I live in an apartment complex in which I resigned a lease for the summer when it was under one property manager, a few months later the complex changed management companies without notification to the tenants. The contract that I signed had the logo of the former management company on the document. Is the contract that I signed in February void? Does the current company have the right to take any action against me (ie serving an eviction notice)? The situation is that they are claiming that I am in violation of my contract (which I am not) but they will not listen, nor is this new management company. I am looking at trying to pursue this from every angle that I can think if legally, but since I am a student in a University, I must be careful with my finances. This is the first avenue that I can think of is to see if the contract is void.

DearCustomer- The contract is not void due to the changing of the management or ownership. Lease contracts are enforceable by both the landlord and tenant and if the landlord changes the lease remains in effect until its term is up.

I'm not certain what your goal is in this situation as to whether you want to stay or move. It sounds like you want to stay but then you also want to know if the lease is void. In any event, if they are trying to evict you they cannot do so unless you have violated the lease terms since they are bound by the lease.

If you want to move and they want you to leave then I don't see a problem but if you want to leave and they want to hold you to the lease then, of course, you have a problem since the contract is binding on both parties.

If they have served the eviction notice you will have to defend on the basis that you did not break the lease. Since thy will not listen to your side of the argument you will have to tell it to the court. They will have to sue you for forcible entry and detainer if you fail to abide by the eviction notice. You will have to file an answer and then have a trial.

You did not indicate in your question what cause of action they have in asking you to move so I cannot comment directly on that.

Reply to Dave Kennett's Post: I have a no alcohol clause in the lease (student), but I am over age (irrelevant). I was doing some cleaning that the apartment refuses to do, and this had not been done in years (due to roommates coming and going). I found empty beer bottles in the back of one of the storage areas, some full and I dumped them out. At that point I had to go to work, I got home went to bed, and was woken by knocking at the door. Before I got to the door the managers were already in the apartment (they claim that they were looking to see if the other rooms were clean). He says nothing, I get a 3 day eviction notice (which they just posted, not making an attempt to give it to me).
I tried to plead my case to them, but they refused to listen. They will only have word of mouth that there were empty beer bottles there, no photos, no proof that they were mine. It is not that I want to stay here, I being a student do not have the money, the time, or even the real possibility of being able to find and sign with another place in 3 days. The reason for my questioning was to see if the contract being void, to get the eviction overturned. Then when my actual contract is up in a few months, Ill be prepared to move.

I don't believe from what you day that they have any proof that you had alcohol in your unit and I believe you have a reasonable defense in court. If you want to leave now I would contact the landlord and agree not to fight the eviction if they would simply terminate the lease. If they won't then you can either move and have the eviction on your record or you can fight the eviction based on no cause to evict.

Reply to Dave Kennett's Post: Yes, this is just it. There really is no where else to go. Do you think in your professional opinion that if I were to contact an attorney on Monday, have him draft a letter or a phone call to these places stating my case, do landlords tend to quash the eviction if there is a reasonable case? It is not a question of want or not to stay here, at this point is it a question of need to stay right now as I am not able to enter another lease (esp with an evict) in the amount of time that I am ordered to vacate.

I think that you have a good defense to the eviction. I cannot say that a letter from an attorney will cause them to drop it but it sure would not hurt to try. If they think you are serious about staying then I can't imagine why they would want to fight over this, especially since you will be leaving in 3 months and an eviction can take 6 to 8 weeks if you fight it. Once again I can't promise anything since they have a right to try to evict you and you have a right to contest it.

Absolutely - you don't have to just move because they gave you a notice. You need to tender your rent for June and if they won't accept you can pay it into escrow in your local court so you can't be evicted for non payment of rent. Then they will have to file a suit in forcible entry and detainer and then you can file an answer to get a trial date.

As I said, an eviction can take quite a bit of time so if they see you are serious I can't imagine why they would go to trial over a few beer bottles.

Reply to Dave Kennett's Post: Do I need to still contact an attorney to have any documentation stating that I am challenging the eviction? I would figure that tomorrow when they attempt to execute the eviction that they may bring in law enforcement, is there something that I need to show them of my intentions to challenge?
You have been a life saver, for the past few days after I received this notice it has beyond stressed me out, it has affected my classes (those that I am teaching and those that I am a student). You deserve a lot of praise, and I shall see to it that I give you everything I am able to for your help. Thank you so much!

I always recommend consulting with an attorney since I cannot review all documents from this venue. It is difficult to provide specific legal advice on any case from here and our information is general in nature. If all you have received is a notice of eviction then they would have to file suit and get a court order to evict you.

In any event you may want to still contact a lawyer in case the landlord tries to use "self help" and force you out.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. LeeMichigan

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

69 Lawyers are Online Now

Type Your Legal Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).